Sarup Khan vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 12/2022 of Police Station Matoda, District Jodhpur for the offence punishable under Sections 363, 354-B, 354 of IPC and Section 7/8 POCSO Act and Sections 3(1)(B)(i), 3(2)(Va) of SC/ST (Prevention of Atrocity) Act. He has preferred this second bail application under Section 439 Cr.P.C. The first bail was dismissed by this Court vide order dated 11.05.2022 as not pressed with liberty to file afresh after recording the statement of prosecutrix.

Learned counsel for the petitioner submits that as per the statement recorded by the prosecutrix(PW-1) before the Court, she declared hostile. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sarup Khan @ Swaoop Ram S/o Sadique Khan, shall be released on bail in connection with FIR No.12/2022 of Police Station Matoda, District Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.